我国政府监管食品安全行政责任探究

Research on the Administrative Responsibilities for the Government to Supervise the Food Security in China

在我国法律法规中,对于食品安全监管最主要的责任形式是行政责任。与美国有关食品安全行政责任相比,我国食品安全行政责任设置存在责任主体不明确、监管部门分工不清晰、行政责任形式及追究程序缺乏法律依据等问题。对此,应明晰食品安全行政责任,合理设置行政责任主体,大力推进相关立法,建立合理的责任形式及追究程序,充分调动社会力量进行监督,以此构建起企业、社会、政府三级监督机制,减少食品安全事故的发生。

In the laws of China, the main responsibility for food security supervision is the administrative responsibility. Compared with the administrative responsibilities of food security in US , some problems existed in China＇s, such as unclear responsibility, the indefinite division of labor, inefficient law basis for the forms of administrative responsibility and the forms of investigating. So, some measures should be taken such as definite administrative responsibility of food security, reasonable administrative subject, improvement of the legislation, establishment of the reasonable forms of administrative responsibility and investigating and the mobilization of the social power of supervision to build the mechanism of supervision from enterprises, society and government so as to reduce the food security incidents.